A Circuit Court judge in Florida has ruled that the state’s ban on smoking medical cannabis – enacted by the legislature – is unconstitutional.

In 2016 Florida voters overwhelmingly passed an initiative that legalized medical cannabis through a constitutional amendment. The law allowed marijuana to be consumed through various methods, including smoking it. However, the following year the legislature enacted a ban on smoking medical cannabis, requiring patients to consume it through other means such as tincutres and topicals.

People United for Medical Marijuana and two patients challenged this ban in court, arguing that the amendment’s language only mentions smoking in public, meaning that patients should be allowed to smoke in private. Leon County Circuit Court Judge Karen Gievers ruled in favor of the plaintiffs, arguing that the ban is unconstitutional.

John Morgan, who spearheaded the medical cannabis initiative voters approved in 2016 was among the plaintiffs, and tweeted after the ruling that “truth prevails.”

Anthony Martinelli

Anthony is co-founder and Editor-in-Chief of TheJointBlog. He has worked closely with numerous elected officials who support cannabis law reform, including as the former Campaign Manager for King County (WA) Councilmember Dave Upthegrove. He has been published by multiple media outlets, and is a former contributor for Village Voice Media.